As Reported by the House Finance and Appropriations Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 362 5
1997-1998 6
REPRESENTATIVES THOMPSON-JOHNSON-AMSTUTZ-CATES-CORE-VESPER 8
9
A B I L L
To amend sections 4121.01, 4121.02, 4121.03, 11
4121.09, 4121.10, 4121.34, and 4121.35 of the 12
Revised Code to designate the Chairperson of the
Industrial Commission as the Chief Executive 13
Officer of the Commission; to change the title of 15
the chief administrative officer of the
Commission to executive director; to specify the 16
authority of the Chairperson; to limit the 18
authority of the members of the Commission to
rulemaking, appeals, reconsiderations, and other 19
adjudicatory powers; to remove the requirement 20
that the Commission appoint district and staff 22
hearing officers and to require the Chairperson
to obtain the approval of at least one other 23
Commission member prior to hiring district and 24
staff hearing officers; to require the Governor
to appoint the Chairperson; and to make 26
appropriations for the Industrial Commission for
the biennium beginning July 1, 1997, and ending 27
June 30, 1999. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 4121.01, 4121.02, 4121.03, 31
4121.09, 4121.10, 4121.34, and 4121.35 of the Revised Code be 32
amended to read as follows:
Sec. 4121.01. (A) As used in sections 4121.01 to 4121.29 41
of the Revised Code: 42
2
(A)(1) "Place of employment" means every place, whether 44
indoors or out, or underground, and the premises appurtenant 45
thereto, where either temporarily or permanently any industry, 46
trade, or business is carried on, or where any process or 47
operation, directly or indirectly related to any industry, trade, 48
or business, is carried on and where any person is directly or 49
indirectly employed by another for direct or indirect gain or 50
profit, but does not include any place where persons are employed 51
in private domestic service or agricultural pursuits which do not 52
involve the use of mechanical power. 53
(B)(2) "Employment" means any trade, occupation, or 55
process of manufacture or any method of carrying on such trade, 56
occupation, or process of manufacture in which any person may be 57
engaged, except in such private domestic service or agricultural 58
pursuits as do not involve the use of mechanical power. 59
(C)(3) "Employer" means every person, firm, corporation, 61
agent, manager, representative, or other person having control or 62
custody of any employment, place of employment, or employee. 63
(D)(4) "Employee" means every person who may be required 65
or directed by any employer, in consideration of direct or 66
indirect gain or profit, to engage in any employment, or to go, 67
or work, or be at any time in any place of employment. 68
(E)(5) "Frequenter" means every person, other than an 70
employee, who may go in or be in a place of employment under 71
circumstances which render him THE PERSON other than a 72
trespasser. 73
(F)(6) "Deputy" means any person employed by the 75
industrial commission or the bureau of workers' compensation, 76
designated as a deputy by the commission or the administrator of 77
workers' compensation, who possesses special, technical, 78
scientific, managerial, professional, or personal abilities or 79
qualities in matters within the jurisdiction of the commission or 80
the bureau, and who may be engaged in the performance of duties 81
under the direction of the commission or the bureau calling for 82
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the exercise of such abilities or qualities. 83
(G)(7) "Order" means any decision, rule, regulation, 85
direction, requirement, or standard, or any other determination 86
or decision which THAT the bureau is empowered to and does make. 87
(H)(8) "General order" means an order which THAT applies 91
generally throughout the state to all persons, employments, or 92
places of employment, or all persons, employments, or places of 93
employment of a class under the jurisdiction of the bureau. All 94
other orders shall be considered special orders. 95
(I)(9) "Local order" means any ordinance, order, rule, or 97
determination of the legislative authority of any municipal 98
corporation, or any trustees, or board or officers of any 99
municipal corporation upon any matter over which the bureau has 101
jurisdiction.
(J)(10) "Welfare" means comfort, decency, and moral 103
well-being. 104
(K)(11) "Safe" or "safety," as applied to any employment 106
or a place of employment, means such freedom from danger to the 107
life, health, safety, or welfare of employees or frequenters as 108
the nature of the employment will reasonably permit, including 109
requirements as to the hours of labor with relation to the health 110
and welfare of employees. 111
(B) AS USED IN THE REVISED CODE: 114
(1) "INDUSTRIAL COMMISSION" MEANS THE CHAIRPERSON OF THE 116
THREE-MEMBER INDUSTRIAL COMMISSION CREATED PURSUANT TO SECTION 117
4121.02 OF THE REVISED CODE WHEN THE CONTEXT REFERS TO THE 119
AUTHORITY VESTED IN THE CHAIRPERSON AS THE CHIEF EXECUTIVE
OFFICER OF THE THREE-MEMBER INDUSTRIAL COMMISSION PURSUANT TO 120
DIVISIONS (A), (B), (C), AND (D) OF SECTION 4121.03 OF THE 125
REVISED CODE.
(2) "INDUSTRIAL COMMISSION" MEANS THE THREE-MEMBER 127
INDUSTRIAL COMMISSION CREATED PURSUANT TO SECTION 4121.02 OF THE 128
REVISED CODE WHEN THE CONTEXT REFERS TO THE AUTHORITY VESTED IN 130
THE THREE-MEMBER INDUSTRIAL COMMISSION PURSUANT TO DIVISION (E) 131
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OF SECTION 4121.03 OF THE REVISED CODE. 132
(3) "INDUSTRIAL COMMISSION" MEANS THE INDUSTRIAL 134
COMMISSION AS A STATE AGENCY WHEN THE CONTEXT REFERS TO THE 135
AUTHORITY VESTED IN THE INDUSTRIAL COMMISSION AS A STATE AGENCY. 137
Sec. 4121.02. (A) There is hereby created the industrial 146
commission. The commission shall consist of three members 147
appointed by the governor, with the advice and consent of the 148
senate. One member shall be an individual who, on account of his 149
THE INDIVIDUAL'S previous vocation, employment, or affiliations, 150
can be classed as a representative of employers; one shall be an 152
individual who, on account of his THE INDIVIDUAL'S previous 153
vocation, employment, or affiliations, can be classed as a 155
representative of employees; and one shall be an individual who, 156
on account of his THE INDIVIDUAL'S previous vocation, employment, 158
or affiliations, can be classed as a representative of the 159
public. Each member AT LEAST TWO MEMBERS shall have not less 160
than six OR MORE years of recognized expertise in the field of 161
workers' compensation, and at least one member shall be an 162
attorney registered to practice law in this state. No more than 163
two members of the industrial commission shall belong to or be 164
affiliated with the same political party. 165
(B) Within thirty days after the industrial commission 167
nominating committee submits its list to the governor under 168
division (D) of this section, the governor shall make initial 169
appointments to the commission. Of the initial appointments, the 170
member who is a representative of employees shall serve a term 171
ending on June 30, 1995; the member who is a representative of 172
employers shall serve a term ending on June 30, 1997; and the 173
member who is a representative of the public shall serve a term 174
ending on June 30, 1999. Thereafter, terms of office are for six 175
years, beginning on the first day of July and ending on the 176
thirtieth day of June. 177
(C) Each member shall hold office from the date of his THE 179
MEMBER'S confirmation by the senate, as provided in division (E) 180
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of this section, until the end of the term for which he THE 181
MEMBER was appointed, except that if a member has not been 182
appointed by the end of the term, the member shall remain in 183
office until his THE MEMBER'S successor takes office, or until a 185
period of sixty days has elapsed, whichever occurs first. 186
However, if a member is appointed to fill a full term subsequent 187
to an initial appointment, the term of office is as provided in 188
division (B) of this section. The governor shall not appoint any 189
person to more than two full six-year terms of office on the 190
commission. This restriction does not prevent the governor from 191
appointing a person to fill a vacancy caused by death, 192
resignation, or removal of a commission member, or from
appointing that person twice to full terms on the commission, or 193
from appointing a person previously appointed to fill less than a 194
full term twice to full terms on the commission. Except for the 195
public member's tenure as chairman CHAIRPERSON of the 196
self-insuring employer's evaluation board, a member of the 197
commission shall hold no other public office or position of trust 198
or profit, engage in any other occupation or business, or serve 199
on any committee of any political party and shall devote his full 200
time to his THE MEMBER'S duties as a member of the commission. 201
(D) In making appointments to the commission, the governor 203
shall select the members from the list of the names submitted by 204
the industrial commission nominating committee pursuant to this 205
division. Within thirty days after the effective date of this 206
section, the nominating committee shall submit to the governor 207
for the initial appointments a list containing three separate 208
names for the employer, employee, and public members to be 209
filled. Within seven days of the submission of the initial list, 210
the governor shall either appoint individuals from the list or 211
request the nominating committee to submit another list of three 212
names for each member the governor has not appointed from the 213
original list, which list the nominating committee shall submit 214
to the governor within seven days of the governor's request. The 215
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governor then shall appoint, within seven days of the submission 216
of the second list, individuals from either list to fill each 217
position for which the governor has not made an appointment from 218
the original list. Thereafter, within sixty days of a vacancy 219
occurring as a result of the expiration of a term and within 220
thirty days after other vacancies occurring on the commission, 221
the nominating committee shall submit an initial list containing 222
three names for each vacancy. Within seven days of the 223
submission of the initial list, the governor shall either appoint 224
individuals from the list or request the nominating committee to 225
submit another list of three names for each member the governor 226
has not appointed from the original list, which list the 227
nominating committee shall submit to the governor within fourteen 228
days of the governor's request. The governor then shall appoint, 229
within seven days of the submission of the second list, one of 230
the individuals from either list to fill the vacancy for which 231
the governor has not made an appointment from the original list. 232
In order for a name of an individual to be submitted to the 233
governor under this division, the nominating committee shall 234
approve the individual by an affirmative vote of not less than 235
two-thirds of its members. 236
(E) The governor shall notify the senate of the names of 238
the individuals for whom he THE GOVERNOR is making the initial 239
appointments to the commission within thirty days after the 240
submission of the names to the governor by the industrial 241
commission nominating committee under division (D) of this 242
section. For appointments subsequent to the initial appointments 243
under this division, if the appointment is to fill a member's 244
term which is to expire, the governor shall notify the senate of 245
the name of the individual to be appointed to fill that position 246
by no later than the first day of June of the year that the term 247
is to expire. For subsequent appointments to fill a vacancy on 248
the commission occurring as a result of the death, resignation, 249
or removal of the commission member, the governor shall notify 250
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the senate of the name of the individual to be appointed to fill 251
the remainder of that term within thirty days after the 252
submission of the names to the governor by the nominating 253
committee under division (D) of this section. For all 254
appointments, the senate shall refer the matter to an appropriate 255
standing committee for consideration of the appointments, and the 256
committee shall hold a public hearing to consider the 257
appointments. After conclusion of the public hearing, the 258
standing committee shall make its recommendations to the senate. 259
The senate shall not confirm any appointee if the individual does 260
not meet the qualifications of division (A) of this section or if 261
the individual has not been approved by the industrial commission 262
nominating committee as provided in division (D) of this section. 263
If the full senate fails to take a final vote on an appointment 264
within thirty days after the governor submits the names to the 265
senate under this division, the individual's appointment is 266
deemed confirmed by the senate and the individual shall take the 267
office of commission member subject to removal as provided in 268
division (F) of this section.
(F) The governor may remove or suspend a member of the 270
commission pursuant to section 3.04 of the Revised Code. The 271
governor shall notify the senate of any decision to remove or 272
suspend a commission member. The senate shall refer the matter 273
to an appropriate standing committee for consideration and the 274
committee shall hold a public hearing to consider the matter. At 275
the hearing, the governor or his THE GOVERNOR'S authorized 276
representative may present evidence and give testimony in support 277
of the decision. The commission member or his THE MEMBER'S 278
authorized representatives may appear and present evidence and 279
testimony. After conclusion of the public hearing, the committee 280
shall make its recommendation to the senate. 281
Upon receipt of a recommendation from the standing 283
committee, the senate shall vote on the issue of whether to 284
advise and consent to the removal or suspension of the member. 285
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The senate shall vote on the matter within sixty legislative days 286
from the date the governor communicates his THE decision to 287
remove or suspend the member. 289
(G) The governor shall determine the compensation of the 291
members of the commission, based upon such facts as he THE 292
GOVERNOR considers appropriate, provided that the salary of each 293
member shall be no less than seventy-five thousand dollars per 295
year. In addition, each commission member shall receive an 296
annual salary increase based upon the average salary increases of 297
other state department directors for that year, not to exceed 298
five per cent per year.
(H) Before entering upon the duties of his office, each 300
member shall take and subscribe to the constitutional oath of 301
office and swear and affirm that he THE MEMBER holds no position 302
under any committee of a political party, which oath or 303
affirmation the member shall file in the office of the governor. 304
Each member shall give a bond in the sum of fifty thousand 305
dollars, which bond shall be approved by the governor and filed 306
with the treasurer of state. All employees or deputies of the 307
commission who receive or disburse state funds shall give a bond 308
to the state in the amounts and surety approved by the industrial 309
commission. 310
Sec. 4121.03. (A) The governor shall appoint FROM AMONG 319
THE MEMBERS OF THE INDUSTRIAL COMMISSION the initial chairperson 321
of the industrial commission at the time of making initial 323
appointments to the commission under section 4121.02 of the 324
Revised Code, who. THE CHAIRPERSON shall serve as chairperson 325
for a term of one year. Thereafter, the commission annually 326
shall elect one of its members as chairperson. No member shall 327
be appointed or elected as chairperson for more than three 328
consecutive one-year terms. A majority of the commission 330
constitutes a quorum to transact business. No vacancy impairs 331
the rights of the remaining members to exercise all of the powers 332
of the commission, so long as a majority remains. Any 333
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investigation, inquiry, or hearing that the commission may hold 334
or undertake may be held or undertaken by or before any one 335
member of the commission, or by or before one of the deputies of 336
the commission, except as otherwise provided in this chapter and 337
Chapters 4123., 4127., and 4131. of the Revised Code, and every 338
order made by a member, or by a deputy, when approved and 339
confirmed by a majority of the members, and so shown on its 340
record of proceedings, is the order of the commission AT THE 342
PLEASURE OF THE GOVERNOR. THE CHAIRPERSON IS THE HEAD OF THE 343
COMMISSION AND ITS CHIEF EXECUTIVE OFFICER.
(B) The commission CHAIRPERSON shall appoint a secretary, 346
AFTER CONSULTATION WITH OTHER COMMISSION MEMBERS AND OBTAINING 347
THE APPROVAL OF AT LEAST ONE OTHER COMMISSION MEMBER, AN 348
EXECUTIVE DIRECTOR of the commission. THE EXECUTIVE DIRECTOR 350
SHALL SERVE AT THE PLEASURE OF THE CHAIRPERSON. The secretary 351
EXECUTIVE DIRECTOR, under the overall policy direction of the 354
commission CHAIRPERSON, shall perform all of the following
duties: 355
(1) Act as chief administrative officer for the 357
commission; 358
(2) Ensure that all commission personnel follow the rules 360
of the commission; 361
(3) Ensure that all orders, awards, and determinations are 363
properly heard and signed, prior to attesting to the documents; 364
(4) Coordinate, to the fullest extent possible, commission 366
activities with the bureau of workers' compensation activities; 367
(5) Do all things necessary for the efficient and 369
effective implementation of the duties of the commission. 370
The responsibilities assigned to the secretary EXECUTIVE 372
DIRECTOR of the commission do not relieve the members of the 374
commission CHAIRPERSON from final responsibility for the proper 375
performance of the acts specified in this division. 377
(C) The commission CHAIRPERSON shall do all of the 379
following:
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(1) Employ EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 381
EMPLOY, promote, supervise, and remove, AND ESTABLISH THE 383
COMPENSATION OF all employees as needed in connection with the 384
performance of its THE COMMISSION'S duties under this chapter and 386
Chapters 4123., 4127., and 4131. of the Revised Code and may 387
assign to them their duties to the extent necessary to achieve 388
the most efficient performance of its functions, and to that end 389
may establish, change, or abolish positions, and assign and 390
reassign duties and responsibilities of every employee of the 391
commission. The civil service status of any person employed by 392
the commission prior to November 3, 1989, is not affected by this 393
section. Personnel employed by the bureau or the commission who 394
are subject to Chapter 4117. of the Revised Code shall retain all 395
of their rights and benefits conferred pursuant to that chapter 396
as it presently exists or is hereafter amended and nothing in 397
this chapter or Chapter 4123. of the Revised Code shall be 398
construed as eliminating or interfering with Chapter 4117. of the 399
Revised Code or the rights and benefits conferred under that 400
chapter to public employees or to any bargaining unit. 401
(2) Establish the compensation of HIRE DISTRICT AND staff 403
hearing officers and their immediate supervisors and take 405
whatever steps are necessary to achieve adequate compensation for 406
other hearing officers AFTER CONSULTATION WITH OTHER COMMISSION 407
MEMBERS AND OBTAINING THE APPROVAL OF AT LEAST ONE OTHER 408
COMMISSION MEMBER;
(3) FIRE STAFF AND DISTRICT HEARING OFFICERS WHEN THE 410
CHAIRPERSON FINDS APPROPRIATE AFTER OBTAINING THE APPROVAL OF AT 411
LEAST ONE OTHER COMMISSION MEMBER; 412
(4) Maintain its THE office FOR THE COMMISSION in Columbus 416
and may hold sessions at any place within the state; 417
(4) Hear appeals and reconsiderations as provided in 419
section 4123.511 of the Revised Code; 420
(5) To the maximum extent possible, use electronic data 422
processing equipment for the issuance of orders immediately 423
11
following a hearing, scheduling of hearings and medical 424
examinations, tracking of claims, retrieval of information, and 425
any other matter within the commission's jurisdiction, and shall 426
provide and input information into the electronic data processing 427
equipment as necessary to effect the success of the claims 428
tracking system established pursuant to division (B)(15) of 429
section 4121.121 of the Revised Code; 430
(6) EXERCISE ALL ADMINISTRATIVE AND NONADJUDICATORY POWERS 433
AND DUTIES CONFERRED UPON THE COMMISSION BY CHAPTERS 4121., 434
4123., 4127., AND 4131. OF THE REVISED CODE; 435
(7) APPROVE ALL CONTRACTS FOR SPECIAL SERVICES. 437
(D) The commission CHAIRPERSON IS RESPONSIBLE FOR ALL 439
ADMINISTRATIVE MATTERS AND may secure for itself THE COMMISSION 441
facilities, equipment, and supplies necessary to house itself THE 442
COMMISSION, any employees, and files and records under its THE 444
COMMISSION'S control and to discharge any duty imposed upon it 446
THE COMMISSION by law, the expense thereof to be audited and paid 448
in the same manner as other state expenses. For that purpose, 449
the commission CHAIRPERSON, separately from the budget prepared 450
by the administrator of workers' compensation, shall prepare and 451
submit to the office of budget and management a budget for each 452
biennium according to sections 101.55 and 107.03 of the Revised 453
Code. The budget submitted shall cover the costs of the 454
commission and staff and district hearing officers in the 455
discharge of any duty imposed upon the CHAIRPERSON, THE 456
commission, and hearing officers by law. 457
(E) The commission is responsible for the establishment of 459
A MAJORITY OF THE COMMISSION CONSTITUTES A QUORUM TO TRANSACT 461
BUSINESS. NO VACANCY IMPAIRS THE RIGHTS OF THE REMAINING MEMBERS 462
TO EXERCISE ALL OF THE POWERS OF THE COMMISSION, SO LONG AS A 463
MAJORITY REMAINS. ANY INVESTIGATION, INQUIRY, OR HEARING THAT 464
THE COMMISSION MAY HOLD OR UNDERTAKE MAY BE HELD OR UNDERTAKEN BY 465
OR BEFORE ANY ONE MEMBER OF THE COMMISSION, OR BEFORE ONE OF THE 466
DEPUTIES OF THE COMMISSION, EXCEPT AS OTHERWISE PROVIDED IN THIS 467
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CHAPTER AND CHAPTERS 4123., 4127., AND 4131. OF THE REVISED CODE. 470
EVERY ORDER MADE BY A MEMBER, OR BY A DEPUTY, WHEN APPROVED AND 471
CONFIRMED BY A MAJORITY OF THE MEMBERS, AND SO SHOWN ON ITS 472
RECORD OF PROCEEDINGS, IS THE ORDER OF THE COMMISSION. THE 473
COMMISSION MAY HOLD SESSIONS AT ANY PLACE WITHIN THE STATE. THE 474
COMMISSION IS RESPONSIBLE FOR ALL OF THE FOLLOWING: 475
(1) ESTABLISHING the overall adjudicatory policy and 477
management of the commission under this chapter and Chapters 478
4123., 4127., and 4131. of the Revised Code, except for those 479
administrative matters within the jurisdiction of the 480
CHAIRPERSON, bureau of workers' compensation, and the 481
administrator of workers' compensation under those chapters; 482
(2) HEARING APPEALS AND RECONSIDERATIONS UNDER THIS 484
CHAPTER AND CHAPTERS 4123., 4127., AND 4131. OF THE REVISED CODE; 486
(3) ENGAGING IN RULEMAKING WHERE REQUIRED BY THIS CHAPTER 489
OR CHAPTER 4123., 4127., OR 4131. OF THE REVISED CODE. 490
Sec. 4121.09. The industrial commission shall have an 499
official seal for the authentication of its orders and 500
proceedings, upon which seal shall be engraved "The Industrial 501
Commission of Ohio," and such other design as the commission 502
prescribes. The courts in this state shall take judicial notice
of such seal, and in all cases copies of orders, proceedings, or 503
records in the office of the commission, certified by the 504
secretary EXECUTIVE DIRECTOR of the commission under its seal, 506
shall be equal to the original as evidence.
Sec. 4121.10. The industrial commission shall be in 515
continuous session and open for the transaction of business 516
during all business hours of every day excepting Sundays and 517
legal holidays. The sessions of the commission shall be open to 518
the public and shall stand and be adjourned without further
notice thereof on its record. All of the proceedings of the 519
commission shall be shown on its record, which shall be a public 520
record, and all voting shall be had by calling the name of each 521
member of the industrial commission by the secretary EXECUTIVE 522
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DIRECTOR, and each member's vote shall be recorded on the record 523
of proceedings as cast. The commission shall keep a separate 524
record of its proceedings relative to claims coming before it for 525
compensation for injured and the dependents of killed employees, 526
which record shall contain its findings and the award in each 527
such claim for compensation considered by it, and in all such 528
claims the reasons for the allowance or rejection thereof shall 529
be stated in said record.
Sec. 4121.34. (A) The industrial commission shall appoint 538
a sufficient number of district DISTRICT hearing officers for the 540
purpose of hearing SHALL HEAR the matters listed in division (B) 541
of this section. District hearing officers are in the classified 543
civil service of the state, are full-time employees of the 544
INDUSTRIAL commission, and shall be persons admitted to the 546
practice of law in this state. District hearing officers shall 547
not engage in any other activity that interferes with their 548
full-time employment by the commission during normal working 549
hours.
(B) District hearing officers shall have original 551
jurisdiction on all of the following matters: 552
(1) Determinations under section 4123.57 of the Revised 554
Code; 555
(2) All appeals from a decision of the administrator of 557
workers' compensation under division (B) of section 4123.511 of 558
the Revised Code; 559
(3) All other contested claims matters under this chapter 561
and Chapters 4123., 4127., and 4131. of the Revised Code, except 562
those matters over which staff hearing officers have original 563
jurisdiction. 564
(C) The administrator of workers' compensation shall make 566
available to each district hearing officer the facilities and 567
assistance of bureau employees and furnish all information 568
necessary to the performance of the district hearing officer's 569
duties. 570
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Sec. 4121.35. (A) The industrial commission shall appoint 579
staff STAFF hearing officers to SHALL consider and decide all 581
matters specified in division (B) of this section. All staff 582
hearing officers are full-time employees of the INDUSTRIAL 583
commission and shall be admitted to the practice of law in this 585
state. Staff hearing officers shall not engage in any other 587
activity that interferes with their full-time employment by the 588
commission during normal working hours.
(B) Except as provided in division (D) of this section, 590
staff hearing officers have original jurisdiction to hear and 591
decide the following matters: 592
(1) Applications for permanent, total disability awards 594
pursuant to section 4123.58 of the Revised Code; 595
(2) Appeals from an order of a district hearing officer 597
issued under division (C) of section 4123.511 of the Revised 598
Code; 599
(3) Applications for additional awards for violation of a 601
specific safety rule of the administrator of workers' 602
compensation pursuant to Section 35 of Article II of the Ohio 603
Constitution; 604
(4) Applications for reconsideration pursuant to division 606
(A) of section 4123.57 of the Revised Code. Decisions of the 607
staff hearing officers on reconsideration pursuant to division 608
(A) of section 4123.57 of the Revised Code are final. 609
(5) Reviews of settlement agreements pursuant to section 611
4123.65 of the Revised Code. Decisions of the staff hearing 612
officer under that section are final and not appealable to the 613
commission or to court under section 4123.511 or 4123.512 of the 614
Revised Code. 615
(C) The decision of a staff hearing officer under division 617
(D) of section 4123.511 of the Revised Code is the decision of 618
the commission for the purposes of section 4123.512 of the 619
Revised Code unless the commission hears an appeal under division 620
(E) of section 4123.511 of the Revised Code. 621
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(D) Staff hearing officers shall hold hearings on all 623
matters referred to them for hearing. Hearing procedures shall 624
conform to the rules the commission adopts pursuant to section 625
4121.36 of the Revised Code. 626
Section 2. That existing sections 4121.01, 4121.02, 628
4121.03, 4121.09, 4121.10, 4121.34, and 4121.35 of the Revised 629
Code are hereby repealed. 630
Section 3. All items in this section are hereby 632
appropriated out of any moneys in the state treasury to the 633
credit of the designated fund. For all appropriations made in 634
this section, those in the first column are for fiscal year 1998, 635
and those in the second column are for fiscal year 1999.
OIC INDUSTRIAL COMMISSION 636
FND ALI ALI TITLE FY 1998 FY 1999 638
Workers' Compensation Fund Group 640
023 845-321 Operating Expenses $ 42,470,433 $ 44,627,357 645
023 845-410 Attorney General 647
Payments $ 2,358,762 $ 2,551,421 649
023 845-402 Rent - William Green 651
Building $ 4,448,792 $ 4,573,358 653
821 845-605 Service Account $ 176,258 $ 181,196 657
TOTAL WCF Workers' Compensation 658
Fund Group $ 49,454,245 $ 51,933,332 661
TOTAL ALL BUDGET FUND GROUPS $ 49,454,245 $ 51,933,332 664
Rent - William Green Building 667
The foregoing appropriation item 845-402, Rent - William 669
Green Building, shall be used for rent and operating expenses for 670
the space occupied by the Industrial Commission in the William 671
Green Building.
Service Account 673
The foregoing appropriation item 845-605, Service Account, 675
shall be used for any expense related to funds collected and 676
deposited in Fund 821, such as coin copier expense, coin changer 677
purchases, expenses related to conferences that produce revenue, 678
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publications that produce revenue, and replacement of furniture 679
and equipment.
Section 4. Within the limits set forth in this act, the 681
Director of Budget and Management shall establish accounts 682
indicating the source and amount of funds for each appropriation 683
made in this act, and shall determine the form and manner in 684
which appropriation accounts shall be maintained.
The appropriations made in this act are subject to all 686
provisions of H.B. 215 of the 122nd General Assembly that are 687
generally applicable to such appropriations. 688
Section 5. Reissuance of Voided Warrants 690
In order to provide funds for the reissuance of voided 692
warrants pursuant to section 117.47 of the Revised Code, there is 693
hereby appropriated, out of moneys in the state treasury from the 694
fund credited as provided in section 117.47 of the Revised Code, 695
that amount sufficient to pay such warrants when approved by the 696
Office of Budget and Management.
Section 6. Judgments Against State 698
Any appropriations contained in this act, except those to 700
be applied to or used for payment of guarantees by or on behalf 701
of the state or for debt service on bonds, notes, or certificates 702
of participation, may be used pursuant to section 2743.15, 703
2743.19, or 2743.191 of the Revised Code for the purpose of 704
satisfying judgments, settlements, or administrative awards
ordered or approved by the Court of Claims in connection with 705
civil actions against the state. 706
Section 7. Reappropriation of Unexpended Balances 708
Notwithstanding section 131.33 of the Revised Code, 710
unexpended balances of appropriations and reappropriations 711
against which encumbrances have been lawfully incurred by a state 712
agency are, at the close of fiscal year 1997, to the extent of 713
such encumbrances, hereby reappropriated from the funds from
which they were originally appropriated and reappropriated and, 714
except for encumbrances for items of special order manufacture 715
17
not available on term contract or open market, made available for 716
the purpose of discharging such encumbrances for a period of five 717
months from the end of the fiscal year. Unexpended balances of 718
appropriations and reappropriations against which encumbrances 719
for items of special order manufacture not available on term
contract or in the open market have been lawfully incurred are, 720
at the close of the fiscal year, to the extent of such 721
encumbrances, hereby reappropriated and made available for the 722
purpose of discharging such encumbrances for a period of five 723
months from the end of the fiscal year or, if the Director of
Budget and Management approves, for a period of not more than 724
twelve months from the end of the fiscal year. 725
Any items for which unexpended balances are reappropriated 727
beyond a five-month period from the end of the fiscal year shall 728
be reported to the Controlling Board by the Director of Budget 729
and Management. The report on each such item shall include the 730
item, the cost of the item, the vendor involved, and the delivery 731
date. Such reports to the board shall be updated on a quarterly
basis while the encumbrance remains open. 732
After any such period, reappropriations made for the 734
purpose of discharging encumbrances for operating expenses, 735
defined as those encumbrances incurred for personal services, 736
maintenance, and equipment, are canceled. Reappropriations for 737
encumbrances other than operating expenses or items of special 738
manufacture not available on term contract or in the open market
may be extended by obtaining the approval of the Director of 739
Budget and Management. 740
Section 8. The Chairperson of the Industrial Commission 742
shall on or before December 31, 1997, and subsequently on or 744
before June 30, 1998, December 31, 1998, and June 30, 1999, 745
prepare and present a report to the chairperson and ranking
members of the standing committees of the House of 746
Representatives and Senate to which matters dealing with workers' 747
compensation and the Industrial Commission are normally referred, 748
18
and to ranking members of both committees. Each report shall 749
contain information relative to the number of cases disposed of 750
in the immediately preceding six-month period, the number of 751
cases pending, and the number of cases on appeal as well as the 752
efforts the Commission has made in maintaining and improving 753
communication with the Administrator of Workers' Compensation and 754
the Bureau of Workers' Compensation.
Section 9. If any item of law that constitutes the whole 756
or part of a codified or uncodified section of law contained in 757
this act, or if any application of any item of law that 758
constitutes the whole or part of a codified or uncodified section 759
of law contained in this act, is held invalid, the invalidity 760
does not affect other items of law or applications of items of 761
law that can be given effect without the invalid item of law or 762
application. To this end, the items of law of which the codified 763
and uncodified sections of law contained in this act are 764
composed, and their applications, are independent and severable.
Section 10. Except as otherwise specifically provided in 766
this act, the codified and uncodified sections of law contained 768
in this act, and the items of law of which the codified and 769
uncodified sections of law contained in this act are composed, 771
are not subject to the referendum. Therefore, under Ohio 772
Constitution, Article II, Section 1d and section 1.471 of the 773
Revised Code, the codified and uncodified sections of law
contained in this act, and the items of law of which the codified 774
and uncodified sections of law contained in this act are 776
composed, go into immediate effect when this act becomes law. 777
Section 11. Sections 4121.01, 4121.02, 4121.03, 4121.34, 779
and 4121.35 of the Revised Code, as amended by this act, and the 780
items of law of which such sections of the Revised Code, as 781
amended by this act, are composed, are subject to the referendum. 782
Therefore, under Ohio Constitution, Article II, Section 1c and 783
section 1.471 of the Revised Code, such sections as amended by 784
this act, and the items of law of which such sections as amended 785
19
by this act are composed, take effect on the ninety-first day 786
after this act is filed with the Secretary of State. If, 787
however, a referendum petition is filed against any such section 788
as amended by this act, or against any item of law of which any 789
such section as amended by this act is composed, the section as 790
amended, or item of law, unless rejected at the referendum, takes 792
effect at the earliest time permitted by law.